PHMSA Response Letter

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April 11, 2011

Mr. Anthony Cellucci
Vice President, Transportation Compliance
Clean Harbors Environmental Services, Inc.
42 Longwater Drive
P.O. Box 9149
Norwell, MA 02061-9149

Reference No. 10-0146

Dear Mr. Cellucci:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding a requirement adopted in the HM-206F final rule, ¿Revision of Requirements for Emergency Response Telephone Numbers¿ published on October 19, 2009 in the Federal Register [74 FR 53413] and effective on October 1, 2010 (as corrected in the Federal Register published on October 22, 2010 [74 FR 54489]). You state that Clean Harbors Environmental Services (Clean Harbors) is a motor carrier that functions as the offeror and generator for transporting wastes for disposal. Additionally, Clean Harbors provides and mans their own emergency response telephone number. Specifically, you ask us whether your Uniform Hazardous Waste Manifest (UHWM) conforms to § 172.604 as revised in the HM-206F final rule.

The answer is yes. When the number of the person offering the hazardous material is also the emergency response information (ERI) provider, the name of the person identified with the emergency response telephone number must be entered on the shipping paper immediately before, after, above, or below the ER phone number unless the name is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found. In the example you submitted, the offeror and generator, Clean Harbors, is prominently entered on the shipping paper, as well as being clearly entered in association with their emergency response telephone number and, therefore, meets the ERI provider identification requirements in § 172.604(b)(1) as adopted in the HM-206F final rule.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.604